Loading...
HomeMy WebLinkAboutPW13-256 - Original - JCI Jones Chemicals, Inc. - 2014 Water Treatment Chemicals Supply - 12/16/2013 Records Man{� ement KENO wAsHINaraN Document� , �` 7131 CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: JCI Jones Chemicals, Inc. Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: 2014 Water Treatment Chemicals Supply Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Sean Bauer Department: PW Operations Detail: (i.e. address, location, parcel number, tax id, etc.): Supply water treatment chemicals to the City's Water Department for 2014. -[I LAI f t - - -..----- S:Publ Ic\Records Management\Forms\ContractCover\adcc7832 I 11/08 KENT GOODS & SERVICES AGREEMENT between the City of Kent and JCI Jones Chemicals, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JCI Jones Chemicals, Inc. organized under the laws of the State of Washington, located and doing business at 1919 Marine View Dr., Tacoma, WA 98422, Phone: (253) 274-0104/Fax: (253) 274-0733, Contact: Michelle Trammell (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: i The Vendor shall supply the City of Kent Water Department with water treatment chemicals (bid items 1, 2, 3, 4, 5, 10, 11 and 13) according to the bid proposal submitted October 22, 2013, which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2014. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Ninety One Thouand Dollars ($91,000.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) Compensation of up to $91,000,00 is based on an estimate annual need. Actual need may vary as follows: Item 1: zero to 6 tons Item 2: zero to 5 tons Item 3: zero to 1,500 lbs, Item 4: zero to 600 lbs. Item 5: zero to 300 lbs. Item 10: zero to 96,000 gals. Item 11: zero to 12,000 gals. Item 13: zero to 8,000 gals. Therefore, actual compensation will be between $0 and $91,000.00 and be based on the exact quantity of chemicals ordered by the City. Vendor shall be paid after submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. i GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) i C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving GOODS & SERVICES AGREEMENT - 3 (Over$10,000,00, including WSST) rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. I B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington, Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City, The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction, X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement, GOODS & SERVICES AGREEMENT - 5 (Over$10,000,00, including WSST) XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B, Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. GOODS & SERVICES AGREEMENT - 6 (Over $10,000.00, including INSST) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws, The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: /J B (signature) w (signature) Print f ame: ` f C `> Pri Yafn Suzette Cooke Its Its Mayor (title) DATE: r✓,r" 3 DATE: f NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Michelle Trammell Timothy J. LaPorte, P.E. JCI Jones Chemicals, Inc. City of Kent 1919 Marine View Dr. 220 Fourth Avenue South Tacoma, WA 98422 Kent, WA 98032 (253) 274-0104 (telephone) (253) 856-5500 (telephone) (253) 274-0733 (facsimile) (253) 856-6500 (facsimile) APPROVED AST FO M: Kent Law Department L__ JCl-2014 Mt l CMMIIc N/Bauer GOODS & SERVICES AGREEMENT 7 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. i Dated this , ' ' day of , %' may% 20 . J L By: d a� For: �X>ne"s (`_- a" Title: _.r Date: ! r / - ;211r" EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: I Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. III i i EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT j EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 . By: For: Title: Date: i, I i EEO COMPLIANCE DOCUMENTS - 3 of 3 Exhibit A i � WATER TREATMENT CHEMICAL SUPPLY FOR 2014 PROPOSAL FORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified In this contract (see Special Provisions 1.1 & 1.6) for the following fees: T Bidder's Name: �J l�� IJ®nts oica 5, Tyqc Item Estimated Description Bid Unit Total Annual Unit Prices Usage 1 6 Chlorine Gas in One-Ton Contalners 1 $I&0 ,00 sz),(_P00,00 TONS* FOB Clark Springs TON CONT. 9130 wn4A:(VVK- 0 C)O Total *Estimated annual need is 6 tons, Actual need may vary. I I I^ Company Submitting Proposal Authorized Signature Note., Contractor must submit a firm proposal for the contract torm(s). I I I WATER TREATMENT CHEMICAL SUPPLY FOR 2014 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1A & 1.6) for the following fees: Bidder's Name: �✓� )�� 1 yy5 Item Estimated Description Bid Unit Total Annual Unit Prices Usage 2 5 Chlorine Gas in One-Ton Containers 1 $ (poi•oo $ � iv l TONS* FOB Kent Springs TON CONT, llW -*I ICA)a oo der CdYl4mer Total $ 5MO DO *Estimated annual need is 5 tons. Actual need may vary. I Company Submitting Proposal i LG 1 ly) l Authorized Signature Note. Contractor must submit a firms proposal for the contract term(s)a i I WATER TREATMENT CHEMICAL SUPPLY FOR 2014 PROPOSAL FORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: Bidder's Name: i Item Estimated Description Bid Unit Total Annual Unit Prices Usage 3 1,500 Chlorine Gas in 150 Lb, Containers 150 $ 2—OOr OD LBS* FOB East Hill Well LB CYL. ly � it�0 t?b rl�(x}sik �Prr covt�-iY+e� Tota I $ �-0 0Q' 00 *Estimated annual need is 1,500 lbs. Actual need may vary. it I �I I i Company Submitting Proposal Authorized Signature Note: Contractor must submit a firm proposal for the contract term(s). i i WATER TREATMENT CHEMICAL SUPPLY FOR 2014 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified In this contract (see Special Provisions 1.1 & 1.6) for the following fees: Bidder's Name; Item Estimated Description Bid Unit Total Annual Unit Prices Usage i 4 600 Chlorine Gas-in 150 Lb. Containers 150 $2D(�CO $ (�(�� VV LES* FOB Armstrong Springs Well #1 LB CYL Total 7M OO *Estimated annual need is 600 Ibs, Actual need may vary. j I Company Submitting Proposal Authorized Signature Note. Contractor, rarest submit a firm proposal for the contract term(s), WATER TREATMENT CHEMICAL SUPPLY FOR 2014 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the j following fees; y� /�` Bidder's Name: ✓OY � (�VLMi(OI,� C Item Estimated Description Bid Unit Total Annual Unit Prices Usage 5 300 Chlorine Gas In 150 Lb. Containers 150 $�0b VO$4W, LBS* FOB Seven Oaks Well LB CYL. (�O,Ot7 G���pll� l CC�'1 }�lYtprY I ! Total $ 4 � I *Estimated annual need is 300 Ibs. Actual need may vary. ayu Company Submitting Proposal Ld, /��� � I�ll`I� Authorized Signature Note; Contractor must submit a firers proposal for the contract term(.$). WATER TREATMENT CHEMICAL SUPPLY FOR 2014 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the following fees: � Bidder's Name: �1 , Item Estimated Description Bid Unit Total Annual Unit Prices Usage I j i 10 96,000 25% Sodium Hydroxide in $ O ® no.0o GALS* 4,000 Gal, Deliveries BULK GAL. FOB Pump Station #5 C I � �I Total $ ll/ f1� , 00 i *Estimated annual need is 96,000 Gals. Actual need may vary. i I Company Submitting Proposal Authorized Signature Note, Contractor must submit a fires Proposal for the contract tPPM(s)a i WATER TREATMENT CHEMICAL SUPPLY FOR 2014 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified In this contract (see Special Provisions 1.5 & 1.6) for the following fees: �C ones CheLmica��� ,� _Bidder's Name: _ i I Item Estimated Description Bid Unit Total Annual Unit Prices Usage 11 12,000 25% Sadium Hydroxide In $D o $Sji Qd GALS* 4,000 Gal. Deliveries BULK GAL. FOB East Hill Well i Total $ �l mod'00 I *Estimated annual need is 12,000 Gais. Actual need may vary. i III I i i Company Submitting Proposal Authorized Signature Note. Contractor mast submit a fires proposal for the contract teini(s). i WATER TREATMENT CHEMICAL SUPPLY FOR 2014 PROPOSAL FORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the following fees; 11 i^ Bidder's Name: �1 - 0-�r s (Yhe Ji(.AS, :LAA G . Item Estimated Description Bid Unit Total '... Annual Unit Prices usage i 13 8,000 25% Sodium Hydroxide in $ t1 p $5 (aM 0C) GALS* 4,000 Gal, Deliveries BULK GAL, FOB Guiberson Corrosion Facility Total $_ � (f000 00 *Estimated annual need is 8,000 Gals. Actual need may vary. � I I I I I EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles, Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 it 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance I Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. Z. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. A� �® CERTIFICATE, IOF LIABILITY INSURANCE °=1127/2 13'"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO,RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject To— the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemenl(s). '. PRODUCER WIOf712152 1-206-343-2323 CONTACT NAME: NCM Insurance Services, LLC dba 14CM PHONE FAX Basic Pacific Insurance Services, LLC #0FB2099 INC.No Ext: AIC No: 2325 Fourth Avenue, Suite 2100 E-MAIL ADDRESS: Seattle, WA 98101 INSURERS AFFORDING COVERAGE NAIL# - INSURERA: CHARTI9 SPECIALTY INS CO 26853 I INSURED INSURERS: NATIONAL UNION FIRE INS CO OF PITTS 19445 JCI Jones Chemicals COMMERCE & INDUSTRY INS CO 19410 Inc INSURER C: 1765 Ringling Blvd INSURER D: NSURER E: Sarasota, FL 34236 ' INSURER F-: COVERAGES CERTIFICATE NUMBER: 37109958 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A15 LSUER POLICYEFF POLICYEXP INSRR TYPE OF INSURANCE POLICY NUMBER MMAxVYYYY MMIDDIYYYY LT LIMITS A GENERAL LIABILITY X X EC14240603 V/ 11/15/1 11/15/14 EACHOCCURRENCE $ 1,000,000 ED X PREMSESO(ET EwcTurrence $ 300,000 COMMERCIAL GENERAL LIABILITY CLAIMS-MADE lxl OCCUR MED E%P(My one parson) $ 25,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG g2,000,000 POLICY M PRO- X LCO $ B AUTOMOBILE LIABILITY CA9701094 1� 1115 1 1115 14 COtD MBGLNEeOtGINGLE LIMIT S1,000,000 X ANY AUTO BODILY INJURY(Per Person) S ALL OWNEDM BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTYDAMAGE $ HIRED AUTOS Per accident $ A UMBRELLAUAB EGU14240892 11/15/1 11/15/14 EACHOCCURRENCE $ 25,000,000 X EXCESS LIAB AGGREGATE $ 25,000,00a DED RETENTIONS _ $ ! WORRERB COMPENSATION WCO29342377 11/15/1 11/15/14 X TORY MMTAT°S Gm C AND EMPLOYERS'LIABILITY YIN C ANY PROPRIETORIPARTNERIEXECUTIVE❑ NIA {VCO29342378 11/15/1 11/15/14 E,L.EACH ACCIDENT $ 1,000,000 - OFFICERIMEMSEREXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory In NH) Ifyes,dXnI,"Cle, 1 E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIOIIJB below A Pollution Legal Liability EG14240603 s 11/15/1 11/15/14 Each LOSS 11000,000 Y r DESCRIPTION of OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) City of Kent is included as Additional Insured; Primary non-contributory and waiver of subrogation apply as required by written contract or agreement. See Attached forms CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Attn: Nancy Yoshitake r r 400 West GOwt! AUTHORIZED REPRESENTATIVE Kent, SA 98032 I. I W� USA I ©1985-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD schellbach 37109958 ENDORSEMENT NO. 14 Thia endorsement,effective 12:01 AM, November 15, 2013 Forms a part of Policy No: EG 14240E03 Issued to: JCI JONES CHEMICALS, INC. By: CHARTIS SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ,AODYfIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT - OWNERS LESSEES OR CONTRACTORS YOUR WORK This endorsement modifies Insurance provided under the folloWng: COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY POLICY SCHEDULE Name of Additional Insured Person(s) or Organizationis): Blanket where required by written contract Locat)on(s) of Coverad Operation(a): All locations where required by written contract i L Solely as respects COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILI7 Y, COVERAGE B PERSONAL ARID ADVERTISING INJURY LIA0107Y, C014RAGaE E-2 PRODUCTS POLLUTION AND E;POSURE LIABILITY, and COVERAGE E-3 . CONTRAC70FIS POLLUTION LIABILITY, SECTION 11 - WHO IS JUN INSURED is amended to include as an addrional insured the persons) or organizaticn(s) shotwi in the Schedule, but only W'dt raspact to liability for bodily Injury, property damage, personal and advcrtielrig injury, environmental damage or emergency rospcnse costs eausod, in otiola or in part, by: A Your acts or omissions;or B,, The acts or omissions of those acting on your behalf; In the crerformanca of your worlr-for the additfonai insuredfs) at the Iocation(s) designated above, II. As respects ilia coverage afforded the additional insured(s) scheduled above, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such additional insured(s) whether primary, excesa, corn(ngent, or on any other basis, Al odler terms, conditions and exclusions shall remain the sane, II AUTHORIZE REPRESENTATIVE or bountersignature (in states lAbore applicable) 103393{'i0rU0) PAGE 1 OF 1 CIR406 . k ENDORSEMENT NO, 8 This endorsement, effective 12:01 AM, November 15, 2013 Forms a Part of Policy No: EG 14240603 Issued to: JCI JONES CHEMICALS, INC. By: CHARTiS SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, 1A/AJVE13 OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed as follows: SECTION IV- CONDITIONS, Paragraph 7. Transfer of Rights o1 Recovery Against Others to Us - Applicable to Coverages A, R, C and E is amended by the addition of the follovung at the and Of such subparagraph: We waive any right of recovery vv-- may have against the person or organization shown In the Schedule below Because of payments we make under Coverage A, B, C and E for injury or damage arising out of your ongoing operations or your work done under a contract With that person or organization and included in the produots-completed operations hazard. This Waiver applies only to the person or organization shown in the Schedule below. SCHEDULE Name of Parson or Organization: Blanket More required by Written contract F Al other terms, oonditlons, and exclusions shall remain the same. aAUTHORIZE REPR SENTATIVE or countorSEgnature (In states where applicable) 042£4S (3l07) PAGE I OF 1 CIO"= F VNIDORSFNIENT This endorsement, off active 12;01 A.M. 11/15/2013 forms a part of policy No. CA9701094 issued to JCI JONES CHIAICALS, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSSURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies Insurance provided under the IbAe v/ny� BUSINESS AUTO COVERAGE FORM LCHEDUjLF. ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CO ALLY BOUND TO PROVIDE ADDITIONAL INSUPED STATUS BUT ONLY TO THE WENT OF SM PERSON OR ORGANIZATION'S LIABILITY ARISING OUT OF THE USE OF A COVERED "AUTO." L SECTION II -LIABILITY COVERAGE, A, Coverage, 1. -Who to Insured, io omended to add- d. Any person or organization, shown in the schedule above, to whom you bacteria obligated to include as an additional Insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that parson or organization of the type provided by this policy, but only with respoot to liability arising out of use of a covered "auto°. However,the insurance provided will not exceed the lesser of,. (1) The coverage and/or limits of this policy, or (2) The coverage end/or limits required by said contract or agreement. I Audioriz Rep tat o.r�� Oi rtsture an States Where am 07950 (10/05) Page 1 of 1 I I • KEAI T Agenda Item: Consent Calendar - 7D(1) wn E Nrae TO: City Council DATE: December 10, 2013 SUBJECT: ICI Jones Chemicals Inc. Agreement for Water Treatment Chemical Supplies for 2014 - Authorize MOTION: Authorize the Mayor to sign an Agreement with ICI Jones Chemicals, Inc. for water treatment chemicals, in an amount not to exceed $91,000.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City annually advertises for water treatment supply chemicals to ensure a consistent cost for annual budget planning. The use of these chemicals is required to produce drinking water quality that meets state and federal regulations. JCI Jones Chemicals provided the lowest bid for gas chlorine and sodium hydroxide. Gas chlorine is used to disinfect the water supply and protect it from contamination, and sodium hydroxide is used as a pH adjustment for corrosion control EXHIBITS: N/A RECOMMENDED BY: Public Works Committee YEA: Higgins- Ralph - Albertson NAY: BUDGET IMPACTS: There is no Unbudgeted Fiscal Impact as this is an annual cost which is planned for each year and the funding ($91,000.00) would come from the 2014 Water Utility operating budget. i REQUEST FOR MAYOR'S SIGNATURE [YETI f Please Fill in All Applicable Boxes- 7 -- , - " zv�A4d4ewed by Dirrector Originator's Name: Sean Bauer De t/Dlv PW Operations/Water Extension: 5616 Date Sent: + �o _ _ Date Required: Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/14 j ---- — VENDOR: JCI Jones Chemicals, Inc. DATE OF COUNCIL APPROVAL. 12/10/13 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for JCI Jones Chemicals to provide water treatment chemicals to the City's Water Department for 2014. For additional information, see the attached Council motion sheet. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) yy i I' E31 Received: k i 4�;.:: .{' Approval of1awOepts, t � Law Dept. Comments: sq i ` a ``Y i. � Date Forwarded to Mayor: t , Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: �;ET!`t}F' I=?P F %% 11l C;I; FS4 Date Returned: